BEFORE THE HON’BLE JUDICIAL
MAGISTRATE FIRST CLASS MIRA
BHAYANDER AT THANE
ACKNOWLEDGEMENT NO 31906250094433
IN
O.M.A NO. /2025
MR. RAJU RAMCHANDRA SHINDE ]
Occupation: Service, Aged 51 years, ]
Residing at: - R1 Building,Man Opus, ]
Flat No 1008, Kashimira Road, ]
Opp Amar hotel Western, ]
Mira Road East. Thane 401107 ] …Applicant
V/S
State of Maharashtra ]
Kashimira police station. ] …Respondent
APPLICATION UNDER SECTION
503 OF BNSS FOR RETURN OF
PROPERTY VALUED TO RS.
13,000/- FROM THE
FREEZED BANK ACCOUNT.
MAY IT PLEASE YOUR HONOUR
The Applicant above-named most respectfully
submits this Application as under:
1. That the Applicant states that he is the original
informant in the present matter and also the victim of
an online cyber fraud. He is a law-abiding citizen,
permanently residing at the aforesaid address, and
had lodged his grievance before the Cyber Police,
Kashimira Police Station. The said complaint has
been duly acknowledged under Acknowledgement
No. 31906250094433 dated 07.06.2025. A copy of the
said acknowledgment is annexed hereto and marked
as Exhibit “A”.
2. That the Applicant states that on 07.06.2025, he
received a fraudulent Short Message Service (SMS)
communication on his mobile phone, deceptively
representing that an amount of ₹45,000/- had been
credited to his account. A copy of the said SMS is
annexed hereto and marked as Exhibit “B”.
3. That the Applicant further states that immediately
thereafter, he received a telephonic call from an
unknown person claiming that the said amount was
erroneously transferred towards payment of a
hospital bill, and the caller deceitfully requested the
Applicant to return the said sum. To reinforce the
fraudulent representation, the said caller transmitted
a spurious payment link to the Applicant.
4. That the Applicant states that acting bona fide and
under the bona fide impression of rectifying the
alleged mistake, he clicked upon the said fraudulent
link. Consequently, unauthorized and illegal debits
commenced from his Kotak Mahindra Bank Account,
and within a short span of time, a total of ₹13,000/-
(Rupees Thirteen Thousand only) stood wrongfully
siphoned and misappropriated. The relevant extract
of the Applicant’s bank statement reflecting the said
fraudulent transactions is annexed hereto and
marked as Exhibit “C”.
5. That the Applicant states that immediately upon
realization of the fraudulent activity, he dialed the
National Cyber Crime Helpline 1930 and lodged his
complaint. Subsequently, he approached the Cyber
Cell at Kashimira Police Station, where his complaint
was duly registered under the aforementioned
acknowledgment.
6. That the Applicant states that the Investigating
Officer has informed him that the UPI ID and the
fraudulent beneficiary account(s) to which the
siphoned monies were transferred have been
successfully identified, and necessary directions have
been issued to freeze the said accounts to secure the
misappropriated funds.
7. That the Applicant submits that since the said sum of
₹13,000/- represents his own hard-earned money
which was dishonestly and fraudulently obtained by
unknown cyber criminals, he is legally entitled to
restitution of the said sum upon recovery from the
frozen account(s).
8. That the Applicant further submits that this Hon’ble
Court, in exercise of its powers under Section 503 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, is
empowered to order interim custody and return of
property to the rightful owner. The Applicant being
the lawful owner of the said funds, humbly prays for
release of the same in his favour.
9. That the Applicant undertakes to indemnify, and keep
indemnified, this Hon’ble Court as well as the
concerned authorities, against any future claims, risk,
or loss, if any, arising out of the release of the said
sum of money to him.
10. That the Applicant further states that this Hon’ble
Court has the necessary jurisdiction to entertain, try
and adjudicate upon the present Application, as the
cause of action has arisen within the territorial limits
of this Hon’ble Court and the Respondent Police
Station also falls within its jurisdiction.
11. That the Applicant craves leave of this Hon’ble
Court to amend, delete, add or modify any part of this
Application, if so required, in the interest of justice.
12. That the Applicant states that no other application
in respect of the present complaint seeking release of
the said property or any other relief is pending before
any Court of law, including the Hon’ble Supreme
Court or the Hon’ble High Court.
PRAYERS
In view of the above facts and circumstances, the
Applicant most humbly prays that this Hon’ble Court may
graciously be pleased to:
a) That this Hon'ble Court be pleased to kindly direct the
Kashimira Police Station and concerned Banks
Authorities to transfer the said freezed amount in my
Bank
account;
b) This Hon'ble Court may be pleased to direct the
respondent to return a sum of Rs. 13,000/- (Rupees
Thirteen Thousand Only) to the applicant from the said
frozen account(s);
c) Any other and further relief as this Hon'ble Court may
deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE
APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Place: Mira Bhayander
Date: 09/09/2025
Applicant
Raju Shinde
Advocate for Applicant
Panjwani Mohmad Ali
